TCS TERMS OF SERVICE
For purposes of the TOS, the following defined terms shall have these meanings: (A) “Service(s)” shall mean any and all services on, or provided by or in connection with, the Site, whether or not such services are also provided or delivered by other means or media such as software or wireless devices; (B) “Site” shall mean this site; (C) “Site Content” shall mean any and all human–perceivable audio and/or visual elements of this Site, created or owned by TCS, or user generated content, whether or not commissioned by TCS, including, without limitation, any text, graphics, images, illustrations, photographs, animations, applications, video, audio or audiovisual works (including, for example, without limitation, movie trailers or episodic works), designs, logos, personal medical information, and other information and content made available through the Site; (D) “Site Code” means any and all underlying elements of the Site, including without limitation, source code, script, object code, software, computer programs, and other sets of statements and instructions contained in the underlying Site; (E) “User Account” means any account created by you, through a registration process for the purpose of accessing or using certain Services.
LICENSE TO USE THE SITE
TCS grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and the Site Content as described herein for your personal use only, by way of one (1) Internet Device connected to the Site over the Internet, provided that you comply fully with these TOS. You may “cache” pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site. Any other copy or use of a portion of the Site is not authorized, will be a violation of these TOS and will constitute a copyright violation. You shall not interfere, or attempt to interfere, with the operation of the Site in any way through any means or device, including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these TOS or by law.
CHANGES TO SITE AND/OR TERMS OF SERVICE
CHANGES IN SITE OWNERSHIP
OWNERSHIP OF TRADEMARKS, COPYRIGHTS, INTELLECTUAL PROPERTY
The Site, Site Content, Site Code, and all copyrights, trademarks, service marks, trade names and all other intellectual property rights therein are proprietary to TCS and are owned by TCS and/or its licensors and content providers, and are protected by applicable domestic and international copyright laws. Unless permitted by TCS, you shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part the Site, the Site Content or Site Code, or otherwise use the Site, Site Content or Site Code on any other web site, other networked computer environment, or in any medium now known or hereafter developed, and you may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels on the Site or the Services (each, an “Unauthorized Use”).
Any Unauthorized Use constitutes an infringement of the copyrights and other proprietary rights of TCS and/or its licensors and content providers and constitutes a violation of these TOS. Any violation of copyright laws may be subject to severe civil and criminal penalties.
TCS is pleased to hear from its customers and welcomes your comments regarding TCS products and services, including this Site. In this connection, we request that your comments be specifically related to our products and services and nothing else.
If you send, post, or otherwise transmit any text, files, links, software, photographs, video, sound, music, feedback, comments, suggestions, or other information or material, including, without limitation, name, likeness, personal medical information (all whether concerning you or a third party) (collectively, the “Submissions”) to any part of the Site or Services, whether or not requested to do so by TCS, you shall be deemed to have granted to TCS a worldwide, royalty-free, non-exclusive, transferable, sub-licensable, perpetual license to cache, copy, distribute, transmit, publicly display, publicly perform, reproduce, revise and otherwise use the Submissions on the Site, the Services and in any other media, digital or analog, now known or hereafter invented, including, but not limited to, the internet, television programs, DVDs, mobile devices, outdoor media, and in advertising or promotion, print or otherwise; provided that any reproduction, revision or other uses that TCS may make of the Submissions shall be consistent with and in furtherance of TCS’s mission.
For the avoidance of doubt, by submitting your Submission you understand and agree that: (a) any Submissions you submit may become viewable by the public on the Site or elsewhere; (b) TCS has the right to publish your name in connection with your Submissions, wherever applicable; (c) you will only submit Submissions that you own or have permission to submit from the owner, in which case you will provide TCS a copy of a written consent from the owner, upon TCS’s request; (d) You will only submit Submissions for which you have consent from any individual (or in the case of a minor, such minor’s parent or legal guardian) appearing in the Submission, and can provide evidence of such consent in writing to TCS upon request; and (e) your Submission constitutes a waiver of the right to privacy or publicity of the owner of the Submission and any third party named in it with respect to the Submission and all of its contents.
TCS will have no obligation to pay you any compensation with respect to its use or nonuse of your Submissions, and is under no obligation to post or use any Submissions you may provide. TCS may remove any Submissions at any time in its sole discretion. You may request the removal of your Submissions for any reason on reasonable written notice to TCS, on receipt of which TCS will take commercially reasonable steps to comply.
PERSONAL MEDICAL INFORMATION IS OFTEN HIGHLY SENSITIVE INFORMATION WHICH TCS TAKES VERY SERIOUSLY. AS SUCH, WE MUST ASK YOU TO BE VERY CAREFUL IN YOUR SELECTION OF WHAT INFORMATION YOU CHOOSE TO INCLUDE IN YOUR SUBMISSION, AS SUCH INFORMATION MAY BE VIEWABLE BY THE PUBLIC IMMEDIATELY UPON YOUR SUBMISSION AND MAY NOT BE REMOVED UNTIL A REQUEST FOR REMOVAL IS FILED AND EVENTUALLY PROCESSED BY TCS.
By submitting your Submission, you agree to indemnify and hold TCS (and its funders, successors, parents, subsidiaries, affiliates, officers, directors, agents, developers, joint venturers, networks, distributors and attorneys) harmless for any and all claims, damages, losses, and causes of action arising as a result of your Submissions, or your violation or claimed violation of any law or rights of a third party, or any other breach or claimed breach of the TOS. TCS does not and cannot review all Submissions and is not responsible for the content or substance of these Submissions. However, TCS reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems to be abusive, defamatory, obscene, in violation of copyright or trademark laws, or in violation of any person’s rights of privacy or publicity, or otherwise unacceptable.
TCS SERVICES AND RULES FOR USE
REGISTRATION AND ACCEPTANCE OF TERMS
In order to access some features of the Site and the Services, you may have to create or register for a User Account. In consideration for your use of the Services, you agree to (i) comply with the Rules, (ii) provide accurate, complete and true information about yourself as may be required on any registration form for Services (your “Registration Information”) in order to create your User Account, and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate the Rules, or provide inaccurate, false, or non-current Registration Information may, at TCS’s sole discretion, have their User Accounts suspended or terminated, and may be permanently banned from using any current or future Services.
As part of your User Account, you will be responsible for creating, and maintaining the confidentiality of, your user name and password. We ask that you select a user name other than your real name or the real name of any other person. We also urge you to memorize your password or keep it in a secure place, away from the rest of your User Account information, as sharing your password with others may lead to unauthorized access to your User Account and the information therein. You agree that you will (i) immediately notify TCS of any unauthorized use of your User Account, and (ii) ensure that you properly exit all Services at the completion of your use session. You are solely responsible for the activity that occurs on your User Account. TCS shall have no liability for any loss or damage arising from your use of a User Account, the Site or any Service, or your failure to comply with these requirements. TCS will not be liable for any losses caused by any unauthorized use of your User Account, but you may be liable for the losses of TCS or others due to such unauthorized use.
GUIDELINES FOR USE OF THE SERVICES
You are entirely responsible and liable for all activities conducted by you, and/or any other user of your User Account and of the Services, including the transmission, posting, or other provision of a Submission to any portion of the Services. Listed below are some, though not all, violations that may result in TCS terminating or suspending your User Account and/or access to TCS Services. You agree not to do any of the following actions while using any TCS Service:
1. Harass, threaten, embarrass or cause distress or discomfort upon another Service participant, user, or other individual or entity;
2. Transmit, in connection with any Service, any Submission that TCS, in its sole discretion, advises to be false, inaccurate, misleading, disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, vulgar, obscene, hateful, or racially or ethnically-motivated, or otherwise objectionable;
3. Distribute viruses or any other technologies that may harm the Site, the Service, or the interests or property of our users and partners;
4. Harvest or otherwise collect information about users, including email addresses, about users or third parties whose information is made available on the Site, without their consent;
5. Use any robot, spider, scraper or other automated means to access the Site or the Services for any purpose without our express written permission;
6. Cause any chat room screen in any chat room to “scroll” faster than other users are able to type to it or any action of a similar disruptive effect;
7. Impersonate in any Service, any person, including but not limited to, a TCS official or representative, chat or message board leader, guide or host;
8. Disrupt the normal flow of dialogue in a chat room or otherwise act in a manner that negatively affects other participants;
9. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Services;
10. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law while using or accessing any Services;
11. Submit material that is subject to intellectual property protection, including, but not limited to, copyright, trademark, or patent rights, or otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post said material and to grant us all of the license rights granted herein.
You understand that any content that you upload and/or post on the Site or any Service shall constitute a Submission for all purposes of these TOS.
Any user may report abuse of the Rules by clicking on the persistent Report Abuse button provided on the Site.
Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners.
NON-UNITED STATES RESIDENTS
TCS makes no representation that the Site Content, including merchandise offered for sale on the Site, and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site from locations outside of the U.S.A. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.
The Site is controlled and operated by TCS from its offices within the State of California, United States of America. Use of this Site constitutes your consent and submission to service of process under applicable United States or California law and to personal jurisdiction in a court of competent jurisdiction in the State of California for the purposes of any legal action or claim pertaining to these Terms of Service, or arising from the use of your User Account and/or any TCS Site or Service.
THE SITE, SITE CONTENT, SITE CODE, THE SERVICES, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TCS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. TCS DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, SITE CONTENT, SITE CODE, SERVICES OR SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, SITE CONTENT, SITE CODE, THE SERVER THAT MAKES THEM AVAILABLE, OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, SITE CONTENT, SITE CODE, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TCS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SITE CONTENT, THE SITE CODE, THE SERVICES OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TCS) ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, SITE CONTENT, SITE CODE, THE SERVICES, AND SOFTWARE, AS WELL AS THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IF THERE ARE ANY DEFECTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TCS (AND ITS FUNDERS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, DEVELOPERS, JOINT VENTURERS, NETWORKS, DISTRIBUTORS AND ATTORNEYS) SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TCS (AND ITS FUNDERS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, DEVELOPERS, NETWORKS, DISTRIBUTORS, JOINT VENTURERS AND ATTORNEYS) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OR PROFITS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, SITE CONTENT, SITE CODE, THE SERVICES OR THE SOFTWARE, EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. WHILE TCS TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEB SITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, TCS (AND ITS FUNDERS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, DEVELOPERS, NETWORKS, DISTRIBUTORS, JOINT VENTURERS AND ATTORNEYS) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF TCS (AND ITS FUNDERS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, DEVELOPERS, NETWORKS, DISTRIBUTORS, JOINT VENTURERS AND ATTORNEYS) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO TCS, IF ANY, FOR ACCESSING AND USING THIS SITE AND/OR THE SERVICES.
If you believe that any Submissions or any Site Content has been copied from any content in which you claim a copyright interest in a way that constitutes an infringement of your copyright interest, please forward the following information to the Copyright Agent named below:
Your name, address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
The exact URL or a description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the content you claim infringes your copyright interest was copied without your authorization or that of the copyright owner or his/her/its agent; and, further, that the copying was not a “fair use” of your copyrighted content under the copyright law of the United States; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. If you are authorized to act on behalf of the copyright owner, you must provide an electronic or physical signature of the copyright owner on a statement wherein he/she/it authorizes you to act on his/her/its behalf.
Team Cancer Sucks Copyright
c/o Presidio Sports Management
1700 Montgomery ST, STE 101
San Francisco, CA 94111
By this notice, TCS seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 USC Section 512c or elsewhere in the law of the United States or any state or territory within the United States.
These Terms of Service shall be construed and enforced in accordance with the laws of the State of California without regard to the choice of law principles thereof.
If any provision of the TOS shall be held unlawful, void, invalid, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, rules and regulations in connection with your activities under the Rules.
This TOS sets forth the entire understanding and agreement between you and TCS with respect to the subject matter hereof.
Headings are for reference purposes only and do not limit the scope or extent of such section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and TCS as a result of this TOS or your use of the Site and/or any of the Services. This TOS is subject to existing laws and legal process, and nothing contained in this TOS is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site and/or any of the Services or information provided to or gathered by us with respect to such use. The Sites may be viewed or used outside the United States of America, but TCS makes no representation that these materials are appropriate or available for use there.
Effective Date: June 2, 2017